New York

Prenups for Business Owners in New York

How founders, partners, professionals, and family-business owners can think about business interests before marriage.

Identify the business interest

Document ownership, entity structure, capital accounts, existing agreements, debt, and any restrictions on transfer or valuation.

Address future growth

A prenup can address how appreciation, distributions, retained earnings, reinvestment, and compensation will be treated, subject to applicable state law.

Consider third parties

Operating agreements, shareholder agreements, partners, investors, lenders, and family members may create obligations or restrictions that should be coordinated with the prenup.

Separate ownership from household economics

Protecting a business interest does not necessarily answer how salary, distributions, household contributions, or support will be handled. Those issues should be addressed deliberately.

Legal starting point: New York Domestic Relations Law § 236(B)(3). New York requires a marital agreement to be in writing, subscribed by the parties, and acknowledged or proven in the manner required for a deed to be recorded. New York does not use California’s seven-day rule, so state-specific execution formalities are especially important.

Talk with a New York prenup attorney.

Use PrenupSpot to organize your questions and request a match with counsel licensed in New York.

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General educational information only. PrenupSpot is not a law firm, and this page is not legal advice. Laws change, and the application of law depends on individual facts. Consult a lawyer licensed in the relevant state.